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How Workers’ Compensation Claims Work

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How Workers’ Compensation Claims Work

How Workers’ Compensation Claims Work

By Jan Hoen

Statistically, workers’ compensation claims cost insurance companies millions of dollars each year in America. It is estimated that amputations are the most costly injury that workers sustain, with findings suggesting insurance companies pay out an average of $109,926 annually. There are many other injuries that workers sustain continuously, with some industries having higher concentrations of workers’ compensation claims. 

This type of claim can be incredibly tricky to navigate, which is why you should consider hiring an experienced Isle of Wight County workmen’s compensation attorney to assist you with your claim. It’s hard enough dealing with the injuries you sustained while working; you shouldn’t need to focus on the legalities surrounding the accident. Let us at Hampton Injury Law PLC guide you on the laws and unique procedural structure that must be adhered to should you want to attain workers’ compensation benefits. 

What Exactly is A Workers’ Compensation Claim?

Unlike other areas of law, workers’ compensation law is unique because of its claims process. For instance, the documents required to initiate a workers’ compensation claim are called a claim or request for a hearing, while the injured worker seeking the hearing and benefits is called a claimant. 

It’s incredibly crucial to note that a worker’s compensation claim is not a civil action or personal injury lawsuit against your employer. Essentially a workers’ compensation claim is an insurance claim that is requesting benefits be paid to you by your employer’s workers’ compensation insurance. 

The Process Surrounding a Virginia Workers’ Compensation Claim

You need to follow a number of vital steps when filing a worker’s compensation claim in Virginia. We have provided the five most important steps that you should take note of so that you know what to do when initiating a claim with the assistance of your attorney. 

  • You need to first and foremost report your injury to your employer. This beginning step is the most critical part of your claims process because it is the first piece of evidence surrounding your claim. You need to notify your employer within 30 days of the injury you suffered at work if you hope to gain benefits. 
  • After you have submitted a written report of your injury to your employer, you need to file a claim form with the state of Virginia describing your work-related injury through the Virginia Workers’ Compensation Commission
  • Once you have done that, you need to make sure that your employer has filed a report of the accident with their worker’s compensation insurance company and the Virginia Workers’ Compensation Commission. 
  • After contacting the commission, you will receive a call from an insurance adjuster who will ask you for a recorded statement. You should make sure you contact your attorney before giving the adjuster a formal report and before you answer their questions, as it could affect your right to benefits. 
  • The last step in your worker’s compensation proceedings is often the most challenging. After the commission has been notified of your injury, they will give an insurance company a maximum of 20 days to accept or deny your claim. If your claim is accepted, you will be provided with agreement forms that you will need to complete to receive your benefits. However, if your claim is unfortunately denied, you will need to undertake a hearing with the commission where evidence will be heard, and your claim will be judged. 

The Different Types of Workers’ Compensation Benefits Available In Virginia

In Virginia, workers can file workers’ compensation claims for several different benefits that will help them with financial costs surrounding medical bills and rehabilitation. Additionally, these benefits can also help a worker cover basic living expenses that they cannot cover due to lost wages. With these benefits, a worker can focus solely on recuperating and healing without having to worry about financial expenses.

  • Entire lifetime medical benefits, including hospital bills, out-of-pocket expenses, and other medical expenses. 
  • Lost wage replacement benefits covering either partial or complete compensation for wages.
  • Permanent partial disability benefits if you have had an amputation, lost your vision or hearing, or have a work-related disease. 
  • Permanent total disability benefits will include a lifetime of wages if you have suffered severe disfigurement, a traumatic brain injury, or paralysis. 

Contact a Virginia Workers’ Compensation Attorney As Soon As You Are Able To Discuss Your Claim

Ultimately, a qualified Virginia workers’ compensation attorney can help you understand the benefits you could qualify for and help you initiate and follow through with a claims process. You don’t need to struggle on your own, as, at Hampton Injury Law PLC, we do everything in our power to ensure your worker’s compensation proceedings go smoothly. Don’t hesitate to contact us today for a consultation to discuss your claim.

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